IPR2014-01098
`U.S. Patent No. 6,853,142
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`GLOBALFOUNDRIES U.S., INC.,
`GLOBALFOUNDRIES DRESDEN MODULE ONE LLC & CO. KG,
`GLOBALFOUNDRIES DRESDEN MODULE TWO LLC & CO. KG,
`and THE GILLETTE COMPANY
`
`Petitioners
`
`v.
`
`ZOND, LLC
`Patent Owner
`__________________
`
`Case IPR2014-010981
`Patent 6,853,142
`__________________
`
`
`ZOND LLC’S PATENT OWNER RESPONSE
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`
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`1Case IPR2014-01016 has been joined with the instant proceeding.
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`

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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`TABLE OF CONTENTS
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`I. INTRODUCTION .......................................................................................................................1
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`II. TECHNOLOGY BACKGROUND ...........................................................................................6
`
`A.
`
`B.
`
`Overview Of Magnetron Sputtering Systems. ...............................................................6
`
`The ’142 patent: Dr. Chistyakov invents a new apparatus having i) means for
`ionizing a feed gas to form a weakly-ionized plasma, ii) means for supplying
`power to the weakly-ionized plasma by applying an electrical pulse across the
`weakly ionized plasma to generate a strongly ionized plasma, and iii) means
`for diffusing the strongly-ionized plasma with additional feed gas to allow
`additional power to be absorbed by the strongly ionized plasma. .................................8
`
`C.
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`The Petitioner Mischaracterized The File History. ......................................................12
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`III. SUMMARY OF THE PETITIONER’S PROPOSED GROUNDS FOR REVIEW ..............16
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`IV. CLAIM CONSTRUCTION. ..................................................................................................16
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`A.
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`B.
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`C.
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`The construction of “weakly ionized plasma” and “strongly ionized plasma” ...........17
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`The construction of “means for ionizing a feed gas …” ..............................................17
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`The construction of “means for supplying power…” (claim 40) and “means
`for applying an electric field…” (claim 41) .................................................................18
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`D.
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`The construction of “means for diffusing …” (claim 40) ............................................20
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`V. THERE IS NO REASONABLE LIKELIHOOD OF PETITIONER PREVAILING
`AS TO A CHALLENGED CLAIM OF THE ’142 PATENT. ..............................................20
`
`A.
`
`The Petition failed to demonstrate that a skilled artisan would have been
`motivated to combine the teachings of the prior art references to achieve the
`claimed invention of the ’142 patent with a reasonable expectation of success
`or that combining the teachings of the prior art would have led to predictable
`results ...........................................................................................................................21
`
`1.
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`Scope and content of prior art. ...............................................................................24
`
`a.
`
`b.
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`Lantsman – U.S. Pat. No. 6,190,512 (Ex. 1404)..............................................25
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`Kudryavtsev – A. A. Kudryavtsev and V.N. Skerbov, Ionization
`relaxation in a plasma produced by a pulsed inert-gas discharge, Sov.
`Phys. Tech. Phys. 28(1), pp. 30-35, January 1983 (Ex. 1404). .......................26
`
`c.
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`Wang – U.S. Patent No. 6,413,382 (Exhibit 1405)..........................................28
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`2.
`
`3.
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`The Petitioners Failed To Show That It Would Have Been Obvious To
`Combine Wang and Lantsman To Achieve the Claimed Invention With A
`Reasonable Expectation Of Success ......................................................................30
`
`The Petitioner Fails To Show That It Would Have Been Obvious To
`Combine The Cylindrical Tube Laser Without A Magnet Of Kudryavtsev
`With The Wang Magnetron Sputtering System. ....................................................34
`
`B.
`
`The Petition fails to demonstrate how the alleged combinations teach every
`element of the challenged claims. ................................................................................42
`
`1.
`
`The cited references do not teach “diffusing the strongly-ionized plasma
`with additional feed gas to allow additional power to be absorbed by the
`strongly-ionized plasma,” as recited in independent claim 40. .............................43
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`VI. CONCLUSION.......................................................................................................................49
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`
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`Exhibit List
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`Exhibit
`No.
`Ex. 2004 U.S. Patent 6,398,929 to Chiang
`
`Description
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`Ex. 2005 Declaration of Dr. Hartsough, Patent Owner’s expert.
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`Ex. 2006 Sinha, Naresh, K., Control Systems, Holt, Rinehart and Winston,
`1986.
`
`Ex. 2007 Eronini Umez-Eronini, System Dynamics and Control, Brooks Cole
`Publishing Co., CA, 1999, pp. 10-13.
`
`Ex. 2008 Excerpts from Weyrick, Fundamentals of Automatic Control,
`McGraw-Hill Book Company, 1975.
`
`Ex. 2009 Excerpts from Kua, Automatic Control, Prentice Hall Inc., 1987.
`
`Ex. 2010 Transcript of deposition of Dr. Kortshagen, Petitioners’ expert, for
`the ‘759 Patent
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`Ex. 2011 Transcript of deposition of Dr. Kortshagen, Petitioners’ expert, for
`the ‘142 Patent
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`I. INTRODUCTION
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`The Petitioners’ arguments hinge on fanciful misreadings of the prior art
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`by their proffered expert, Dr. Uwe Kortshagen. As will be shown below,
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`neither Wang nor Lantsman teaches supplying “feed gas to the strongly-
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`ionized plasma, the feed gas diffusing the strongly-ionized plasma, thereby
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`allowing additional power from the pulsed power supply to be absorbed by the
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`strongly ionized plasma” as required by independent claim 40 of the ’142
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`patent. Once the Board recognizes that Dr. Kortshagen essentially invented
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`some of the alleged “teachings” in Wang and Lantsman to suit the Petitioners’
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`objectives, the Board should agree to confirm the challenged claims.
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`The ’142 patent discloses and illustrates in FIG. 2C feed gas entering a
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`chamber in a gap 220 between a cathode 204 and an anode 216 in the vicinity
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`of the strongly ionized plasma so that it can diffuse the plasma, thereby
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`allowing additional power from the pulsed power supply to be absorbed by the
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`strongly ionized plasma.2
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`Wang, in contrast, does not teach feed gas diffusing the strongly-ionized
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`plasma to thereby allow additional power from the pulsed power supply to be
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`absorbed by the strongly ionized plasma. Indeed, Petitioners’ own expert, Dr.
`
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`2 Exhibit 1401, ‘142 patent, FIG. 2C, col. 9, ll. 48-57.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`Kortshagen, admitted in his deposition that he could not find any discussion of
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`feed gas diffusing a strongly ionized plasma in Wang either at his deposition or
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`when he prepared his declaration: “I think it is fair to say that if I had seen it in
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`Wang I would have included it.”3 It is little wonder why Dr. Kortshagen made
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`this admission because Wang discloses and illustrates in FIG. 1 that feed gas
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`enters the lower right portion of the chamber, far from the area where plasma
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`is generated at the top of the chamber near the cathode.4
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`Moreover, Lantsman cannot possibly compensate for this deficiency in
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`Wang because it does not even disclose a strongly-ionized plasma, let alone
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`supplying a feed gas to diffuse a strongly-ionized plasma to allow the plasma to
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`absorb additional power.5 In addition, Dr. Kortshagen testified that he
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`understands the Board’s construction of the terms “strongly ionized plasma”
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`and “weakly ionized plasma” to require a range of absolute magnitudes in
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`peak density of ions, (namely, equal to or greater than 1012 and equal to or less
`
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`3 Exhibit 2011, Kortshagen Deposition (12.4.14), p. 68, l. 24 – p. 69, l.2; see also
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`p. 68 ll. 2-21.
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`4 Exhibit 1405, Wang, FIG. 1.
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`5 Declaration of Dr. Hartsough, Exhibit 2005, ¶94.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`than 109, respectively).6 But Dr. Kortshagen acknowledges that neither Wang
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`nor Kudryavtsev disclose a magnitude for the peak density of ions.7 Thus,
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`according to Dr. Kortshagen’s interpretation, it is impossible to conclude that
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`either Wang or Kudryavtsev teach a strongly ionized plasma at all.
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`Dr. Kortshagen’s conclusory opinions are unsupported and should be
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`disregarded by the Board. Once the prior art is properly understood, the Board
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`will see that it is missing key claim limitations, not only the feed gas diffusing
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`the strongly ionized plasma but also other limitations in the other claims of the
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`‘142 patent as explained in detail below.8
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`6 See Exhibit 2010, Kortshagen Deposition, p. 44, l. 13 – p. 58, l. 12
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`(Interestingly, this opinion conflicts with that of Mr. Devito—Petitioner’s other
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`expert—who requires that a strongly-ionized plasma have a peak density of
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`ions that is 3-4 orders of magnitude greater than a weakly ionized plasma.
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`IPR2014-00799, Exhibit 2014, DeVito Deposition, p. 169, l. 10 – p. 170, l. 25;
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`p. 225, l, 23 – p. 226, l. 3).
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`7 Exhibit 2010, Kortshagen Deposition, p. 212, ll. 20-22; p. 216, l. 2 – p. 217, l.
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`21; p. 154, l. 23 – p. 155, l. 15.
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`8 Infra, § V.B.
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`3
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`In addition to missing key limitations, the Petitioners’ obviousness
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`rejections are all predicated on the false assumption that a skilled artisan could
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`have achieved the combination of i) ionizing a feed gas to form a weakly-
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`ionized plasma, ii) applying an electrical pulse having a magnitude and a rise-
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`time that is sufficient to increase the density of the weakly-ionized plasma to
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`generate a strongly-ionized plasma, and iii) diffusing the strongly-ionized
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`plasma with additional feed gas to allow additional power to be absorbed by
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`the strongly-ionized plasma, as required by independent claim 40 of the ’142
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`patent by combining the teachings of Wang with Lantsman.9 But these
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`references disclose very different structures and processes. Wang discloses that
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`a “target 14 is powered by narrow pulses of negative DC power supplied from
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`a pulsed DC power supply 80, as illustrated in FIG. 1.”10 Lantsman did not
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`describe a pulsed power supply; it instead discloses two DC power supplies:
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`9 Petition at pp. 39-50.
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`10 Wang, Ex. 1405, col. 5, ll. 18-22.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`“DC power supply 10,”11 and “secondary DC power supply 32.”12 Lantsman
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`makes no mention of generating strongly ionized plasma.13
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`And the Petitioner sets forth no evidence that the structure and process
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`of Wang would produce the particular apparatus for generating strongly-
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`ionized plasma having an ionization source, an electrical pulse and feed gas to
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`diffuse the strongly-ionized plasma, as recited in independent claim 1 of the
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`’142 patent if Wang were somehow modified by a structure that does not even
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`apply an electrical pulse or generate strongly-ionized plasma, like the structure
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`disclosed in Lantsman.14 That is, the Petitioner did not show that a “skilled
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`artisan would have been motivated to combine the teachings of the prior art
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`references to achieve the claimed invention, and that the skilled artisan would
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`have had a reasonable expectation of success in doing so.”15 The Board has
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`11 Lantsman, Ex. 1404 at col, 4, l. 11.
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`12 Id. at col. 4, l. 11.
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`13 See e.g., id. at col. 4.
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`14 See e.g., Petition, pp. 14-60.
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`15 OSRAM Sylvania, Inc. v. Am Induction Techs., Inc., 701 F.3d 698, 706 (Fed.
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`Cir. 2012).
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`consistently rejected proposed grounds of rejection when the Petition fails to
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`identify any objective evidence such as experimental data, tending to establish
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`that two different structures or processes can be combined.16 For these reasons
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`as expressed more fully below, none of the challenged claims of the ‘142 patent
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`are obvious.
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`
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`II. TECHNOLOGY BACKGROUND
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`A. Overview Of Magnetron Sputtering Systems.
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`Sputtering systems generate and direct ions from plasma “to a target
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`surface where the ions physically sputter target material atoms.”17 Then,
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`“[T]he target material atoms ballistically flow to a substrate where they deposit
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`as a film of target material.18 “The plasma is replenished by electron-ion pairs
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`16 Epistar, et al. v. Trustees Of Boston University, IPR2013-00298, Decision Not To
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`Institute, Paper No. 18 (P.T.A.B. November 15, 2103).
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`17 Ex. 1401, col. 1, ll. 9-11.
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`18 Id. at col. 1, ll. 11-13.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`formed by the collision of neutral molecules with secondary electrons
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`generated at the target surface.”19
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`A planar magnetron sputtering system is one type of sputtering system.20
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`“Magnetron sputtering systems use magnetic fields that are shaped to trap and
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`to concentrate secondary electrons, which are produced by ion bombardment
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`of the target surface.”21 “The trapped electrons enhance the efficiency of the
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`discharge and reduce the energy dissipated by electrons arriving at the
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`substrate.”
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`But prior art planar magnetron sputtering systems experienced “non-
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`uniform erosion or wear of the target that results in poor target utilization.”22
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`To address these problems, researchers increased the applied power and later
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`pulsed the applied power.23 But increasing the power increased “the
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`probability of establishing an undesirable electrical discharge (an electrical arc)
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`19Id. at col. 1, ll. 32-34.
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`20 Id. at 1, ll. 36-54.
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`21 Id. at col. 1, ll. 36-38.
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`22 Id. at col. 2, ll. 57-59.
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`23 Id. at col. 1, l. 60 to col. 2, l. 9.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`in the process chamber.”24 And “very large power pulses can still result in
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`undesirable electrical discharges and undesirable target heating regardless of
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`their duration.”25
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`B. The ’142 patent: Dr. Chistyakov invents a new apparatus having i)
`means for ionizing a feed gas to form a weakly-ionized plasma, ii)
`means for supplying power to the weakly-ionized plasma by applying
`an electrical pulse across the weakly ionized plasma to generate a
`strongly ionized plasma, and iii) means for diffusing the strongly-
`ionized plasma with additional feed gas to allow additional power to
`be absorbed by the strongly ionized plasma.
`
`To overcome the problems of the prior art, Dr. Chistyakov invented an
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`apparatus having i) means for ionizing a feed gas to form a weakly-ionized
`
`plasma, ii) means for supplying power to the weakly-ionized plasma by
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`applying an electrical pulse across the weakly ionized plasma to generate a
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`strongly ionized plasma, and iii) means for diffusing the strongly-ionized
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`plasma with additional feed gas to allow additional power to be absorbed by
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`the strongly ionized plasma as recited in independent claim 40 and as
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`illustrated in Fig. 2A of the ’142 patent, reproduced below:
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`
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`24 Id. at col. 2, ll. 63-67.
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`25 Id. at col. 3, ll. 7-9.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`As illustrated by FIG. 2A, Dr. Chistyakov’s apparatus includes either a
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`pulsed power supply 202 or a direct current (DC) power supply (not shown) as
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`a component in an ionization source that generates a weakly ionized plasma
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`232, an anode 216, a cathode 204, a pulsed power supply 202 that applies a
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`high power pulse between the cathode 204 and the anode 216, and gas lines
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`224 providing feed gas 226 from a feed gas source. “The anode 216 is
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`positioned so as to form a gap 220 between the anode 216 and the cathode 204
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`that is sufficient to allow current to flow through a region 222 between the
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`anode 216 and the cathode 204.”26 “The gap 220 and the total volume of the
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`region 222 are parameters in the ionization process.”27 “In one embodiment,
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`the pulsed power supply 202 is a component in an ionization source that
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`generates a weakly ionized plasma 232.”28 “In another embodiment, a direct
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`current (DC) power supply (not shown) is used in an ionization source to
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`generate and maintain the weakly-ionized or pre-ionized plasma 232.”29
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`“Forming the weakly-ionized or pre-ionized plasma 232 substantially
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`eliminates the probability of establishing a breakdown condition in the
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`chamber when high-power pulses are applied between the cathode 204 and the
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`anode 216.”30 In addition, “the high-power pulses generate a highly-ionized or
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`a strongly-ionized plasma 238 from the weakly-ionized plasma 232.”31
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`26 Id. at col. 4, ll. 34-37.
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`27 Id. at col. 4, ll. 40-41.
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`28 Id. at col. 5, ll. 5-7.
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`29 Id. at col. 5, ll. 45-48.
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`30 Id. at col. 6, ll. 20-25.
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`31 Id. at col. 7, ll. 23-25.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`In one embodiment, additional feed gas is supplied to exchange the
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`weakly-ionized plasma while applying the electrical pulse:
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`Directly injecting the feed gas 226 between the cathode 204 and
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`the anode 216 can increase the flow rate of the feed gas 226. This
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`causes a rapid volume exchange in the region 222 between the
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`cathode 204 and the anode 216, which permits a high-power pulse
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`having a longer duration to be applied across the gap 220. The
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`longer duration high-power pulse results in the formation of a
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`higher density plasma.32
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`Moreover, “[i]n one embodiment, the strongly-ionized plasma 238 is
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`transported through the region 222 by a rapid volume exchange of feed gas
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`226. As the feed gas 226 moves through the region 222, it interacts with the
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`moving strongly-ionized plasma 238 and also becomes strongly ionized from
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`the applied high-power electrical pulse.33 This technique of supplying feed gas
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`to the strongly-ionized plasma diffuses the strongly-ionized plasma, and
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`thereby allows additional power from the pulsed power supply to be absorbed
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`by the strongly ionized plasma:
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`32 Id. at col. 4, l. 64 – col. 5, l. 3.
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`33 Id. at col. 9, l. 66 – col. 10, l. 4.
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`11
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`Transporting the strongly-ionized plasma 238 through the region
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`222 by a rapid volume exchange of the feed gas 226 increases the
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`level and the duration of the power that can be applied to the 10
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`strongly-ionized plasma 238 and, thus, generates a higher density
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`strongly-ionized plasma in the region 234.34
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`Thus, Dr. Chistyakov overcame the deficiencies of the prior art and
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`accomplished his breakthrough of i) ionizing a feed gas to form a weakly-
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`ionized plasma, ii) supplying power to the weakly-ionized plasma by applying
`
`an electrical pulse across the weakly ionized plasma to generate a strongly
`
`ionized plasma, and iii) diffusing the strongly-ionized plasma with additional
`
`feed gas to allow additional power to be absorbed by the strongly ionized
`
`plasma.
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`C. The Petitioner Mischaracterized The File History.
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`Although not directly relevant to the instituted grounds, Petitioners’
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`mischaracterizations extend to its accusations about Zond's activities during
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`prosecution of the application that led to the ‘142 patent. The Petitioners
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`alleged that the claims of the ’142 patent were allowed solely because the
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`Applicant (i.e., now the Patent Owner) “amended every independent claim to
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`require ‘the weakly-ionized plasma reducing the probability of developing an
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`
`34 Id. at col. 10, ll. 6-11.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`electrical breakdown condition in the chamber’ or similar limitations.”35 But
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`this allegation is not true because the Examiner identified additional reasons
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`for allowing the claims beyond the one mentioned by the Petitioner: “The
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`prior art neither discloses nor suggests an ionization source or a means that
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`generates a weakly-ionized plasma from a feed gas …”36 Moreover, each of
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`the independent claims of the ‘142 patent contain many claim limitations
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`beyond the one mentioned by the Petitioner and therefore, each was allowed
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`because of many claim limitations, not just one as alleged by the Petitioner.
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`In addition, the Petitioner also mischaracterized the file history of
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`another patent that is related to the ‘142 patent, U.S. Patent 7,147,759, by
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`alleging that the Patent Owner was wrong in stating that “Mozgrin does not
`
`teach ‘without forming an arc.’”37 But this allegation is just not true for two
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`main reasons. First, the Examiner stated that he allowed the ’759 patent —
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`not just because of the arc limitation — but because of the combination of
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`many claim limitations:
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`Applicant's arguments filed May 2, 2006 have been fully
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`considered and are deemed persuasive. Specifically, Claims 1-50
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`35 Petition, p. 6-7.
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`36 Exhibit 1409, Notice of Allowability, March 29, 2004, p. 2.
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`37 Petition, p. 20
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`are allowable over the prior art of record because … the applied
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`prior art applied in the previous office action does not teach the
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`claimed apparatus or method wherein an ionization source
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`generates a weakly-ionized plasma proximate to the anode and
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`cathode assembly and a power supply generating a voltage pulse
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`that produces an electric field between the cathode assembly and
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`the anode, the power supply being configured to generate the
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`voltage pulse with an amplitude and a rise time that increases an
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`excitation rate of ground state atoms that are present in the
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`weakly-ionized plasma to create a multi-step ionization process
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`that generates a strongly-ionized plasma, from the weakly ionized
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`plasma, the multi-step ionization process comprising exciting the
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`ground state atoms to generate excited atoms, and then ionizing
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`the excited atoms within the weakly-ionized plasma without
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`forming an arc discharge.38
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`Second, the Patent Owner (i.e., the Applicant at that time), did not argue, as
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`alleged by the Petitioner, that the claims were allowable solely because of the
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`“without forming an arc” limitation; it instead argued, inter alia, that “there is
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`no description in Mozgrin of a multi-step ionization process that first excites
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`ground state atoms to generate excited atoms, and then ionizes the excited
`
`
`38 IPR2014-00447, Exhibit 1415, Notice of Allowance, September 29, 2006, pp.
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`2-3.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`atoms without forming an arc discharge.”39 That is, the Patent Owner argued
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`that Mozgrin did not teach avoidance of an arc discharge during a particular
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`process: the multi-step ionization process. In other words, the Petitioner
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`mischaracterized the Patent Owner’s argument to the Examiner by truncating
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`it and quoting only a small portion of it in the Petition.
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`Moreover, contrary to Petitioner’s allegation, the Patent Owner did not
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`mischaracterize Mozgrin because Mozgrin does not, in fact, teach that there is
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`no arcing during the multi-stage ionization process (e.g., while ionizing the
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`excited atoms within the weakly-ionized plasma).40 That is, Mozgrin does not
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`teach the avoidance of all arcing during execution of the particular process that
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`is identified in the claim.41
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`39 IPR2014-00447, Exhibit 1413, Response to Office Action, May 2, 2006, p.
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`13 (emphasis omitted).
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`40 IPR2014-00447, Patent Owner’s Preliminary Response, Paper No. 11, §
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`V.C.2.
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`41 Id.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`III. SUMMARY OF THE PETITIONER’S PROPOSED GROUNDS FOR
`REVIEW
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`For the Board’s convenience, below is a summary of the proposed
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`grounds of rejection that are pending in this IPR proceeding.
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`1. Claim 41: obvious in view of the combination of Wang and
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`Kudryavtsev; and
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`2. Claim 40: obvious in view of the combination of Wang and
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`Lantsman.
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`IV. CLAIM CONSTRUCTION.
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`Under the Board’s rules, any unexpired claim “shall be given its broadest
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`reasonable construction in light of the specification of the patent in which it
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`appears.”42 Under that construction, claim terms are to be given their ordinary
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`and customary meaning as would be understood by one of ordinary skill in the
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`art in the context of the entire patent disclosure.43 The customary meaning
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`42 37 C.F.R. § 42.100(b).
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`43 Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc);
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`Research in Motion v. Wi-Lan, Case IPR2013-00126, Paper 10 at 7 (P.T.A.B.
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`June 20, 2013).
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`applies unless the specification reveals a special definition given to the claim
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`term by the patentee, in which case the inventor’s lexicography governs.44 Any
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`term not construed below should be given its ordinary and customary meaning
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`as would be understood by one of ordinary skill in the art.
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`A. The construction of “weakly ionized plasma” and “strongly ionized
`plasma”
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`The Board construed “strongly ionized plasma” as “a plasma with a
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`relatively high peak density of ions.”45 The Board construed “weakly ionized
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`plasma” as “a plasma with a relatively low peak density of ions.”46
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`B. The construction of “means for ionizing a feed gas …”
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`Claim 40 recites “means for ionizing a feed gas to form a weakly-ionized
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`plasma that reduces the probability of developing an electrical breakdown
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`condition in the chamber.” The claimed function of this claim limitation is
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`44 See Phillips, 415 F.3d at 1316 (“[T]he specification may reveal a special
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`definition given to a claim term by the patentee that differs from the meaning
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`that it would otherwise possess. In such cases, the inventor’s lexicography
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`governs.”).
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`45 Institution Decision, Paper No. 9, p. 9.
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`46 Id.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`“ionizing a feed gas to form a weakly-ionized plasma that reduces the
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`probability of developing an electrical breakdown condition in the chamber.”
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`Claim 41 recites “means for ionizing a feed gas to generate a weakly-
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`ionized plasma proximate to a cathode, the weakly-ionized plasma reducing
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`the probability of developing an electrical breakdown condition proximate to
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`the cathode.” The claimed function is “ionizing a feed gas to generate a
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`weakly-ionized plasma proximate to a cathode, the weakly-ionized plasma
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`reducing the probability of developing an electrical breakdown condition
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`proximate to the cathode.”
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`The Board adopted the Patent Owner’s recitation of the corresponding
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`structure as “a pulsed power supply electrically connected to a cathode, an
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`anode, and/or an electrode.”47
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`
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`C. The construction of “means for supplying power…” (claim 40) and
`“means for applying an electric field…” (claim 41)
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` Claim 40 recites “means for supplying power to the weakly-ionized
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`plasma by applying an electrical pulse across the weakly-ionized plasma, the
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`electrical pulse having a magnitude and a rise-time that is sufficient to increase
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`the density of the weakly-ionized plasma to generate a strongly-ionized
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`47 Institution Decision, Paper No. 9, p. 11.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`plasma.” The claimed function is “supplying power to the weakly-ionized
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`plasma by applying an electrical pulse across the weakly-ionized plasma, the
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`electrical pulse having a magnitude and a rise-time that is sufficient to increase
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`the density of the weakly ionized plasma to generate a strongly-ionized
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`plasma.”
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`Claim 41 recites “means for applying an electric field across the weakly
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`ionized plasma in order to excite atoms in the weakly-ionized plasma and to
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`generate secondary electrons from the cathode, the secondary electrons
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`ionizing the excited atoms, thereby creating the strongly-ionized plasma.” The
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`claimed function is “applying an electric field across the weakly-ionized
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`plasma in order to excite atoms in the weakly-ionized plasma and to generate
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`secondary electrons from the cathode, the secondary electrons ionizing the
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`excited atoms, thereby creating the strongly-ionized plasma.”
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`The Board adopted the Patent Owner’s recitation of the corresponding
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`structure as “a pulsed power supply electrically connected to a cathode and an
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`anode.”48
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`48 Institution Decision, pp. 12-13.
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`IPR2014-01098
`U.S. Patent No. 6,853,142
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`D. The construction of “means for diffusing …” (claim 40)
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` Claim 40 recites “means for diffusing the strongly-ionized plasma with
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`additional feed gas to allow additional power to be absorbed by the strongly
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`ionized plasma.” The claimed function is “diffusing the strongly-ionized
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`plasma with additional feed gas to allow additional power to be absorbed by
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`the strongly ionized plasma.”
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`The Board defined the corresponding structure as “a feed gas source and
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`structures for supplying the gas to the strongly-ionized plasma.”49
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`
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`V. THERE IS NO REASONABLE LIKELIHOOD OF PETITIONER
`PREVAILING AS TO A CHALLENGED CLAIM OF THE ’142
`PATENT.
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`Differences between the challenged claims and the prior art are critical
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`factual inquiries for any obviousness analysis and must be explicitly set forth
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`by the Petitioner.50 The bases for rejection under 35 U.S.C. § 103 must be
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`made explicit.51 Thus, a Petition seeking to invalidate a patent as obvious must
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`demonstrate that a “skilled artisan would have been motivated to combine the
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`